The URL can be used to link to this page

Home My WebLink About98-06594 ; ~ I 't <l/ ~ ~ ~ '" .:.. 'i ~ -4,'- '.t It "- ':l-." ~ ( '>..' ~, :-...: .;;) ';).... e-.' '>c)' '-3' , ~ ~: , I ~\ I ! HAROLD I. IRWIN, III, ESQUIRE AnORNIY 10 NO. 29920 35 IAIT HIOH ITREET CARLIILI PA 17013 (717) 243-8090 AnORNEY POR PLAINTIFF GARY RAYHART, parent and natural guardIan of BRANDON RAYHART, a minor, PlaIntiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VI. JEROME S. McGRAW, Defendant ~ NO. 98 -~ CIVIL TERM : IN TRESPASS ORDER OF COURT NOW, this rr day of November, 1998, on petition of the plaintiff and on motion of Harold S, Irwin, III, Esquire, attorney for the plaintiff, leave is hereby granted to the plaintiff to settle and discontinue this action for the sum of Ten Thousand and no/100 ($10,000,00) Dollars, said sum being allocated as follows: 1. $2,611,25 to Harold S, Irwin, III, Esquire, attorney for plaintiff, to be distributed as follows: A, $35,00 to Belvedere Medical Center, for medical records; B, $30,75 to Smart Corporation, for medical records; C, $45,50 for court costs to file this petition for approval of settlement; and D, $2,500,00 for attorney fees; and 2, $7,388,75 to Gary Rayhart, parent and natural guardian of Brandon Rayhart, a minor, said amount to be placed in a sequestered deposit with a federally insured bank or savings association with instructions that no amount may be withdrawn GARY RAYHART, parent and natural guardian of BRANDON RAYHART, a minor, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW va. : NO. 98. (..5'1'1 CIVIL TERM .JEROME S. McGRAW, Defendant : IN TRESPASS PETITION FOR APPROVAL OF SETTLEMENT AND DISCONTINUANCE OF CLAIM NOW comes Gary Rayhart, parent and natural guardian of Brandon Rayhart, a minor, by his attorney, Harold S, Irwin, III, Esquire, and presents this petition for approval of selllement and discontinuance of claim, representing as follows: 1, Petitioner is Gary Rayhart, an adult individual residing at 459 North Pill Street, Carlisle, Cumberland County, Pennsylvania 17013, 2, Petitioner is the parent and natural guardian of Brandon Rayhart, a minor child, born on June 13, 1985, 3, The child suffered personal injuries on October 24, 1997, in that he was a passenger in car driven by his father, the petitioner, when the vehicle they were riding in was struck head on by the defendant on State Road 4021 (Bloserville Road), Cumberland County, Pennsylvania, 4, As the result of this accident, the child sustained various personal injuries, including, the loss of his front teeth and various cuts and abrasions, 5, Other than dental work which remains to be accomplished and a scar on his chin, It appears at this time from the medical reports that the child will have no long term effects from this incident. 6. As the result of these personal injuries, medical expenses in the amount of $1 ,587,00 to date have been incurred for the child, but have been covered by petitioner's motor vehicle insurance carrier. 7. In the course of the investigation of this claim, petitioner incurred expenses of $35,00 and $30,75 to obtain copies of the medical records from Belvedere Medical Corporation and Smart Corporation, 8. Petitioner has incurred the costs of $45,50 to file this petition, 9, Petitioner has agreed to pay allorney fees based on 25% of the total amount recovered in any out-of-court settlement of this matter. 10, At the time of the accident, defendant was insured with a general liability policy issued by Donegal Insurance, which has offered the sum of $10,000,00 in full satisfaction and settlement of all claims of the petitioner in this matter. 11, Petitioner, after a review of all of the medical records and the facts of this case, is satisfied that this offer and the proposed selllement is in the best interests of the minor child, is reasonable and just and he is willing to accept this offer if approved by your Honorable Court, ~~ ':;:', :~ A ;, 12, Accordingly, petitioner propose~ to allocate the sum of $10,000,00 in the aforesaid selt/ement proceeds as follows: 1, $2,611,25 to Harold S, Irwin, III, Esquire, attorney for plaintiff, to be distributed as follows: A, $35,00 to Belvedere Medical Center, for medical records; B, $30,75 to Smart Corporation, for medical records; C, $45,50 for court costs to file this petition for approval of settlement; and D, $2,500,00 for attorney fees; and 2, $7,388,75 to Gary Rayhart, parent and natural guardian of Brandon Rayhart, a minor, said amount to be placed in a sequestered deposit with a federally insured bank or savings association with instructions that no amount may be withdrawn from said account prior to the child reaching the age of eighteen (18) years without prior order of this Court, WHEREFORE, petitioner request your Honorable Court grant her leave to settle and discontinue the aforesaid claims for the sum of Ten Thousand and no/100 ($10,000,00) Dollars as aforesaid, and approve the allocation and distribution as /~ !YJ;C[2rl(J:, requested, November 18,1998 35 East High Street Carlisle, PA 17013 (717) 243.6090 Supreme Court 10 No. 29920 VERIFICATION The foregoing petition is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the document is the language of my counsel and not my own, I have read the petition and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief, To the extent that the content of the petition is that of counsel. I have relied upon counsel in making this verification, I understand that false statements made herein are subject to the penalties of 18 Pa,C,S,A, Section 4094, relating to unsworn falsification November 18 _' 1998 GARY RAYHART, parent and natural guardian of BRANDON RAYHART, a minor, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN TRESPASS JEROME S. McGRAW, Defendant No. 98-6594 CIVIL TERM ORDER OF COURT AND NOW, this ZO~day of January, 1999, upon consideration of the Petition for Withdrawal from Sequestered Account, a hearing is SCHEDULED for Thursday, April I, 1999, at 9:00 a.m., in Courtroom NO.1, Cumberland County Courthouse, carlisle, Pennsylvania. By the Court, J HAROLD S. IRWIN, III, ESQUIR For the Plaintiff wcy 4, On or about 111'/ ,1998, petitioner was given leave by this Court to settle and discontinue this matter and to release the defendant upon payment of the amount of $10,000,00 by the defendant. 5, After payment of counsel fees, medical bills and expenses related to this claim as approved by the Court, the net proceeds of the settlement in the amount of $7,388,75 was paid over to petitioner with the further direction by the Court that said sum be deposited into a sequestered account for the benefit of Brandon Rayhart. 6. A sequestered account was thereafter established by petitioner as directed by the Court - the sum of $5,000,00 being placed in a five year certificate of deposit and the balance in a passbook savings account, both at Orrstown Bank, Carlisle, Pennsylvania, 7. The minor child desires to travel this Summer to visit with his Mother in Palm Bay, Florida, In addition, the child desires to purchase a membership in the Carlisle Y,M,C,A. and is in need of school clothing and supplies, 8. The petitioner, the child's father and natural guardian, does not have adequate funds to provide these necessities to the child, but believes that the request of the child to spend money from his sequestered account for these purposes is appropriate and in the best interests of the child, 10, Petitioner estimates that he will need to withdraw the sum of $1,500,00 from the sequestered account in order to provide for the child's needs as aforesaid and $125.00 for the costs of this proceeding, WHEREFORE, petitioner requests your Honorable Court grant her leave to withdraw the sum of $1 ,625,00 from the sequestered account for the purposes described above and for the costs of this proceeding, ,7 January ~,/1999 ~7Z HAROLD S. IRWIN, III Attorney for petitio r 35 East High Street Carlisle, PA 17013 (717) 243-6090 Supreme Court 10 No. 29920 VERIFICATION The averments of this petition are true and correct to the best of my knowledge, information and belief, I understand that false statements made herein are subject to the penalties of 18 Pa,C.S,A. Section 4094, relating to unsworn falsification to -- authorities, January (2,1999 \ GAR Y RA YI IART. parcnt and natural guardian of BRANDON RA YIIART. a minor. Plaintiff IN T1 IE cor IRT OF COMMON PLEAS OF ClJMBERLAND COlJNTY. PENNSYL VANIA v, CIVIL ACTION - LA W JEROME S, McGRA W. Dcfendant NO, 98-6594 CIVIL TERM ORDER OF CO!11U AND NOW, this S (sf day of March, 1999. upon consideration oflhc attached lettcr from John J, Baranski. Esq.. attorney for Plaintiff. the hearing previously scheduled on PJaintifrs Pelition for Withdrawal fl'Om Sequestered Account for April I, 1999. is CANCELLED, Plaintiffs counsel is requested to notify the court at such time as he wishes the hearing reschedulcd, BY THE COURT. , I I ,/, i L/"("",/I l i IL-:, / ' (/ V ,n I \ {", ~ " .. J,} es ey Oler. Jr,.~, John J, Baranski, Jr" Esq, Hitner House. Suites 20 I and 202 35 East High Street Carlisle, P A 17013 Attorney for Plaintiff - eo-J'^, "",o~C.L 'fIt.! ~'t, J U ,,",,1 - :rc ".' CU"jL,.,~." ',: . , "i'.'1', .'..' "j "/,i w; " :\; I ~' it I, j ) i~ , - FicO.,;",.".," cr. r,' -: . ~~,':, :."\'=~...~..." .'1',,1, C'o .10") .1.-' ":, ' _I '.. 'J "f ,;; 8: I': ~ . !' " l '~n '.. ~ . , ;1) .r'",. i:l{ ;"" lei 'ii I , I: "i ~ LAW OFFICES OF HAROLO S. IRWIN, III, ESQUIRE 35 EAST HIOH STREET, SUITE 201/202 CARLISLE PA 17013 (717) 2~0'0 GARY RAYHART, Parent and natunllguardlan of BRANDON RAYHARY, a minor Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : IN TRESPASS v. JEROME S. MCGRAW, : NO. 98-6594 CIVIL TERM Dofendant PRAECIPE TO WITHDRAW PETITION To the Prothonotary: Please withdraw the Petition for Withdrawal from Sequestered Account filed in this maller, April e ,1999 !'J~7Z/:;) ,--,- HAROLD S. IRWIN., III ATTORNEY 10 NO. 29920 ,~ 't 1: . ;:,; Ci I.D ..~) ,. ",) "fl ~... " ;-, ::n , :'') (.,. - , """1 . :.:.-, , Q) .; [ ~, (..' f':' --:, " ,'") ~ :,-) , ~ .J (() .- ( ',1 ::> ~, :D -, r" -<